SHAILESH DHAIRYAWAN v. MOHAN BALKRISHNA LULLA
Case at a glance
Provisions considered
Judgment
terms as a whole and appointed the named arbitrator as A arbitrator for the disputes that were left to be resolved by the parties. The said appointing authority has been approached by the respondent for appointment of a substitute arbitrator, which was then done by the impugned judgment. This would therefore be "according B to the rules that were applicable to the appointment of the arbitrator being replaced" in accordance with Section 15(2) of the Act. , The High Court correctly appointed another independent retired Judge as substitute arbitrator in terms of Section 15(2) of the Arbitration Act, C 1996. [Paras 21, 22] [94-F-H; 95-C, D-F, G-H; 96-A-C] C.F. Angadi v. YS. Hirannayya (1972) 2 SCR 515- relied on. Yashwith Constructions (P) Ltd. v. Simplex (2006) 6 SCC Concrete Piles India Ltd. 204: 2006 (3) Suppl. SCR 96; SBP and Company (2) v. Patel Engineering. Ltd. and Anr. (2009) 10 sec 293: 2009 (15) SCR 340; ACC Ltd. II. Global Cements Ltd. (2012) 7 SCC 71: 2012 (6) SCR 215 - referred to. D E PER A.K. SIKRI, J. (SUPPLEMENTING) : 1. The statutory interpretation of a provision is never static but is always dynamic. Dynamic statutory interpretation F also persuades to take into consideration ethoes of arbitration process, including the spirit behind Section 89 of the CPC. Once the said fundamental aspects of the arbitration are kept in mind, the irresistible conclusion G would be that whenever parties agree for mediation, and. ' even name a specific arbitrator with no specific provision for appointment of another arbitrator on the recusal/ withdrawal of the said arbitrator, the said omission is made up by Section 15(2) of the Act and unless H 74 SUPREME COURT REPORTS [2015] 12 S.C.R. A arbitration agreement between the parties provides a categorical prohibition or debarment in resolving a question or dispute or difference between the parties by a substitute arbitrator in case of death or the named arbitrator or non-availability of the said arbitrator, Courts B have the power to appoint substitute arbitrator, which · power is given by Section 15(2) of the Act as this provision is to be given liberal interpretation so as to apply to all possible circumstances under which the mandate of the earlier arbitrator may be terminated. [Paras 11to13] [100-G-H; 101-C-F] C
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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